IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 42 of 2000()
1. PANGATH VIJAYAKRISHNAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SMT.PREETHY KARUNAKARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :22/08/2007
O R D E R
K.R.UDAYABHANU, J
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Crl.R.P.No.42 of 2000
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Dated this the 22nd day of August, 2007
O R D E R
The revision petitioner is the accused driver who stands
convicted and sentenced to undergo R.I. for 1= years and also to
pay a fine of Rs.3,000/- and in default, to undergo simple
imprisonment for six months for the offence under Section 304(A)
IPC and simple imprisonment for six months for the offence under
Section 337 IPC and simple imprisonment for six months for the
offence under Section 279 IPC. The driving licence of the accused
was suspended for a period of two years.
2. The prosecution case is that the accused on 25.5.1992
at about 4.30 p.m., at the Municipal bus stand, Perinthalmanna,
drove the bus bearing registration No.KLM 7027 in a rash and
negligent manner so as to endanger human life while PW1 was
crossing through the front side of the bus with two boys and hit
PW1 and the boys and that one of the boys died due to the
injuries sustained in the incident.
3. The evidence adduced in the matter consisted of the
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testimony of PWs’ 1 to 13 and Exts. P1 to P9.
4. The courts below have concurrently held that the
accused is guilty of the offence on the basis of the evidence
adduced in the matter. The witnesses have testified as to the
identity of the accused. PW6, the MVI has proved Ext. P3
inspection report which disclosed no mechanical defect to the
vehicle. Ext. P6 is the trip sheet that establish the identity of the
accused. In the circumstances and in view of the nature of the
accident, I find no reason to interfere in the findings of the courts
below. The conviction is confirmed.
5. The counsel for the revision petitioner has pleaded for
modification of the sentence pointing out that the incident has
taken place more than 15 years ago and that so far the accused
was facing the ordeal of criminal proceedings. Further, it is
pointed out that the accused is a low paid person being the driver
of a private bus.
6. In the circumstances and considering the long delay,
the sentence imposed for the offence under Section 304(A) IPC is
modified to imprisonment till the rising of the court and to pay a
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compensation of Rs.30,000/- to the legal representatives of the
deceased and in default, to undergo simple imprisonment for six
months. No separate sentence is awarded for the rest of the
offences. The revision petitioner is granted three months’ time to
remit the amount of compensation. He shall appear before the
Judicial First Class Magistrate Court-II, Perinthalmanna on
24.11.2007 to receive the sentence.
The criminal revision petition is disposed of as above.
K.R.UDAYABHANU,
JUDGE
csl
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K.R.UDAYABHANU, J
Crl.R.P.No.1144/2000
ORDER
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8th August 2007